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HomeMy WebLinkAbout20201510 Ver 1_ePCN Application_20210603 I I DWR Division of Water Resources Pre-Construction Notification (PCN) Form April 4,2021 Ver 4 Initial Review Has this project met the requirements for acceptance in to the review process?* 6 Yes ✓ No Is this project a public transportation project?* G Yes r No Change only if needed. BIMS#Assigned* Version#* 20201510 1 Is a payment required for this project?* ✓ No payment required G Fee received Reviewing Office* ✓ Fee needed-send electronic notification Wilmington Regional Office-(910)796-7215 Select Project Reviewer* Robert Patterson:eads\rdpatterson Information for Initial Review 1a.Name of project: Bridge No.57 on NC 211(Green Swamp Road)over Driving/Juniper Creek,B-5624 1a.Who is the Primary Contact?* Gordon Cashin lb.Primary Contact Email:* 1c.Primary Contact Phone:* gcashin@ncdot.gov (919)749-0442 Date Submitted 6/3/2021 Nearest Body of Water Driving Creek/Juniper Creek Basin Lumber Water Classification C-Sw Site Coordinates Latitude: Longitude: 34.1021128426057 -78.3066391958156 A. Processing Information U County(or Counties)where the project is located: Brunswick Is this a NCDMS Project ✓ Yes G No Is this project a public transportation project?* 6 Yes r No Is this a NCDOT Project?* 6' Yes r No (NCDOT only)T.I.P.or state project number: B-5624 WBS#(?) 45579.1.1 Pre-Filing Meeting Information Is this a courtesy copy notification?* ✓ Yes G No ID# Version 20201510 1 Pre-fling Meeting or Request Date 9/28/2020 Attach documentation of Pre-Filing Meeting Request here: Click the upbad button or drag and drop files here to attach docurrent DWR response Pre Filing Notification List of Projects from 12 MLL Through Sept 21 to NCDWR.pdf 141.27KB File type Host be FCF 1a.Type(s)of approval sought from the Corps: I7 Section 404 Permit(wetlands,streams and waters,Clean Water Act) f-Section 10 Permit(navigable waters,tidal waters,Rivers and Harbors Act) Has this PCN previously been submitted?* ✓ Yes ✓ No lb.What type(s)of permit(s)do you wish to seek authorization? f-Nationwide Permit(NWP) fJ Regional General Permit(RGP) f-Standard(IP) 1c.Has the NWP or GP number been verified by the Corps? ✓ Yes 6 No Regional General Permit(RGP)Number: 201902350-Work associated with bridge construction,widening,replacement,and interchanges RGP Numbers(for multiple RGPS): ld.Type(s)of approval sought from the DWR: I7 401 Water Quality Certification-Regular 1 401 Water Quality Certification-Express f-Non-404 Jurisdictional General Permit f- Riparian Buffer Authorization f- Individual 401 Water Quality Certification le.Is this notification solely for the record because written approval is not required? * For the record only for DWR 401 Certification: r Yes r No For the record only for Corps Permit: r Yes r No If.Is this an after-the-fact permit application?* ✓ Yes ( No 1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? 6 Yes r No 1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? ✓ Yes rNo Acceptance Letter Attachment B-5624_DMS Acceptance_RW_LU 06.pdf 355.49KB I h.Is the project located in any of NC's twenty coastal counties? ✓ Yes r No 1i.Is the project located within a NC DCM Area of Environmental Concern(AEC)? ✓ Yes 6 No r Unknown 1j.Is the project located in a designated trout watershed? 0 Yes 1 No B. Applicant Information 1d.Who is applying for the permit? rJ Owner r Applicant(other than owner) le.Is there an Agent/Consultant for this project?* r Yes r No 2.Owner Information 2a.Name(s)on recorded deed: Multiple properties 2b.Deed book and page no.: 2c.Contact Person: 2d.Address Street Address 1000 Birch Ridge Road Address Line 2 Dty State/Ravine/Region Raleigh North Carolina Postal/Zip Code Country 27610 USA 2e.Telephone Number: 2f.Fax Number: (919)749-0442 2g.Email Address:* pharris@ncdot.gov C. Project Information and Prior Project History L) 1. Project Information lb.Subdivision name: (if appropriate) 1c.Nearest municipality/town: Supply 2. Project Identification 2a.Property Identification Number: 2b.Property size: 2c.Project Address Street Address Address Line 2 Criy State/Province/Region Postal/Zip Code Country 3.Surface Waters 3a.Name of the nearest body of water to proposed project:* Driving Creek/Juniper Creek 3b.Water Resources Classification of nearest receiving water:* C-Sw 3c. What river basin(s)is your project located in?* Lumber 3d.Please provide the 12-digit HUC in which the project is located. 030402060403 4. Project Description and History 4a.Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The project vicinity is forested. 4b.Have Corps permits or DWR certifications been obtained for this project(including all prior phases)in the past?* r Yes r No r Unknown 4d.Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site.(for DWR) 4e.Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site.(for DWR) 4f.List the total estimated acreage of all existing wetlands on the property: 10.5 4g.List the total estimated linear feet of all existing streams on the property: 1,500 4h.Explain the purpose of the proposed project:* Replace the existing NC 211 bridge over the stream,which will also require relocating existing utilities. 4i.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:* Bridge No.57 was built in 1954,and is a 53 feet long,23-foot wide 3-span structure that is functionally obsolete due to deck,superstructure and substructure conditions.The replacement bridge will approximately 75 feet long and 40-feet wide.Project construction will extend along the bridge approaches approximately 664 feet from the north and south ends of the bridge.An on-site detour will be used during construction.The shortest off-site detour is approximately 23 miles,with 3 miles being an unpaved gravel/dirt road.This length of detour from NC 211 would be problematic for daily traffic,emergency services,and hurricane evacuation. Standard roadbuilding equipment will be used.Fiber optic cables will also be adjusted along the project. 4j.Please upload project drawings for the proposed project. B-5624_Permit Drawings_20210311.pdf 3.39MB B-5624 Utilities.pdf 1.44MB 5.Jurisdictional Determinations 5a.Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No C Unknown Comments: 5b.If the Corps made a jurisdictional determination,what type of determination was made?* r Preliminary f Approved C Not Verified C Unknown C N/A Corps AID Number: SAW-2016-02148 5c.If 5a is yes,who delineated the jurisdictional areas? Name(if known): Brian Dustin Agency/Consultant Company: Calyx Other: 5d.List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR PJD signed 10/26/2016 by Brad Shaver,site visit was 10/19/2016. 5d1.Jurisdictional determination upload B-5624 final counter signed PJD.pdf 286.95KB 6. Future Project Plans 6a.Is this a phased project?* r Yes ( No Are any other NWP(s),regional general permit(s),or individual permits(s)used,or intended to be used,to authorize any part of the proposed project or related activity? D. Proposed Impacts Inventory 1. Impacts Summary 1a.Where are the impacts associated with your project?(check all that apply): 17 Wetlands 17 Streams-tributaries r Buffers f7 Open Waters r Pond Construction 2.Wetland Impacts 2a.Site#*(?) 2a1 Reason(?) 2b.Impact type*(?) 2c.Type of W.* 2d.W.name* 2e.Forested* 2f.Type of 2g.Impact Jurisdicition*(?) area* 1 Roadway fill P Riverine Swamp Forest WA Yes Both 0.055 (acres) 2 Bridge P Riverine Swamp Forest WA Yes Both 0.004 (acres) 3 Roadway fill P Riverine Swamp Forest WA Yes Both 0.110 (acres) 3 Roadway fill T Riverine Swamp Forest WA Yes Both 0.274 (acres) 4 Roadway fill P Riverine Swamp Forest WA Yes Both 0.140 (acres) 5 Roadway fill P Riverine Swamp Forest WA Yes Both 0.085 (acres) 2g.Total Temporary Wetland Impact 2g.Total Permanent Wetland Impact 0.274 0.394 2g.Total Wetland Impact 0.668 2i.Comments: There will be 0.08 acre of hand clearing in wetlands.0.03 acre of temporary fill will be needed in the hand clearing areas for erosion control measures. 3. Stream Impacts 3a.Reason for impact(?) 3b.lmpact type* 3c.Type of impact* 3d.S.name* 3e.Stream Type* 3f.Type of 3g.S.width* 3h.Impact (?) Jurisdiction* length* S1 Roadway fill Permanent Fill Site 2-Driving Creek Perennial Both 30 25 Average(feet) (linear feet) 32 Roadway fill Temporary Fill Site 2 Driving Creek Perennial Both 30 31 Average(feet) (linear feet) S3 Bank stabilization Permanent Bank Stabilization Site 2 Driving Creek Perennial Both 30 43 Average(feet) (linear feet) S4 Bridge -Temporary Other Site 2 Driving Creek Perennial Both 30 85 Average(feet) (linear feet) 3i.Total jurisdictional ditch impact in square feet: 0 3i.Total permanent stream impacts: 3i.Total temporary stream impacts: 68 116 3i.Total stream and ditch impacts: 184 3j.Comments: Site 1(Stream SA)is being relocated;it is considered JS-non-mitigable based on agency site visits. 4. Open Water Impacts 4a. Site# 4a1.Impact Reason 4b.Impact type 4c.Name of waterbody 4d.Activity type 4e.Waterbody type 4f.Impact area 1 Roadway fill P SA(JS-non-mit) Fill Tributary 0.18 2 Roadway fill,bridge P Driving Creek Fill Tributary 0.01 2 Roadway fill,bridge T Driving Creek Fill Tributary 0.03 4 Roadway fill P Driving Creek Fill Tributary 0.00 4g.Total temporary open water Impacts: 4g.Total permanent open water impacts: 0-03 0.19 4g.Total open water impacts: 0.22 4h.Comments: Site 1(Stream SA)is being relocated;it is considered JS-non-mitigable based on agency site visits. Site 4 impact is 0.001 ac E. Impact Justification and Mitigation 1.Avoidance and Minimization 1a.Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The bridge will be replaced on the existing alignment.No impacts to waters or wetlands are proposed due to utility relocations. lb.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Best Management Practices for Construction and Maintenance Activities will be used.The relocated channel will be stabilized with coir fiber matting on the banks and reforested with live stakes prior to completion of project.No deck drains will be used on the proposed or detour structure,reducing adverse stream impacts associated with direct roadway runoff.Additional measures implemented to reduce impacts to stream and surrounding wetlands include;maintaining existing drainage patterns, utilizing 2:1 fill slopes in areas with guardrail,utilizing 3:1 fill slopes in areas without guardrail,discharging stormwater as far away from the stream and wetlands as practicable.Further,rip rap is used at drainage outlets to dissipate energy and reduce erosion. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a.Does the project require Compensatory Mitigation for impacts to Waters of the U.S.or Waters of the State? ( Yes rNo 2c.If yes,mitigation is required by(check all that apply): r DWR fJ Corps 2d.If yes,which mitigation option(s)will be used for this project? n Mitigation bank fJ Payment to in-lieu fee r Permittee Responsible program Mitigation 4. Complete if Making a Payment to In-lieu Fee Program 4a.Approval letter from in-lieu fee program is attached. ( Yes r No 4b.Stream mitigation requested: 4c.If using stream mitigation,what is the stream temperature: (linear feet) 4e.Riparian wetland mitigation requested: 4d.Buffer mitigation requested(DWR only): (acres) (square feet) 0.394 4f.Non-riparian wetland mitigation requested: 4g.Coastal(tidal)wetland mitigation requested: (acres) (acres) 4h.Comments F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la.Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ( Yes ( No If no,explain why: Buffer rules do not apply to the Lumber River Basin. 2.Stormwater Management Plan 2a.Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* ( Yes r No Comments: G. Supplementary Information 1. Environmental Documentation la.Does the project involve an expenditure of public(federal/state/local)funds or the use of public(federal/state)land?* ( Yes rNo lb.If you answered"yes"to the above,does the project require preparation of an environmental document pursuant to the requirements of the National or State(North Carolina) Environmental Policy Act(NEPA)SEPA)?* ( Yes CNo lc.If you answered"yes"to the above,has the document review been finalized by the State Clearing House?* ( Yes rNo NEPA or SEPA Final Approval Letter 2.Violations(DWR Requirement) 2a.Is the site in violation of DWR Water Quality Certification Rules(15A NCAC 2H.0500),Isolated Wetland Rules(15A NCAC 2H.1300),or DWR Surface Water or Wetland Standards or Riparian Buffer Rules(15A NCAC 2B.0200)?* ✓ Yes r No 3. Cumulative Impacts(DWR Requirement) 3a.Will this project result in additional development,which could impact nearby downstream water quality?* ✓ Yes f No 3b.If you answered"no,"provide a short narrative description. Replacement of the existing bridge will neither influence nearby land uses nor stimulate growth. 4.Sewage Disposal(DWR Requirement) 4a.Is sewage disposal required by DWR for this project?* ✓ Yes rNor N/A 5. Endangered Species and Designated Critical Habitat(Corps Requirement) 5a.Will this project occur in or near an area with federally protected species or habitat?* 6 Yes rNo 5b.Have you checked with the USFWS concerning Endangered Species Act impacts?* 6 Yes rNo 5c.If yes,indicate the USFWS Field Office you have contacted. Raleigh 5d.Is another Federal agency involved?* 6 Yes r No r Unknown What Federal Agency is involved? NMFS 5e.Is this a DOT project located within Division's 1-8? ✓ Yes r No 5j.What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Surveys,USFWS County List,IPaC,coordination with USFWS and NMFS.Remaining surveys will be updated prior to construction. Consultation Documentation Upload 20210603_Itr_USFWS_NCDOT_B-5624.pdf 178.43KB 6. Essential Fish Habitat(Corps Requirement) 6a.Will this project occur in or near an area designated as an Essential Fish Habitat?* ✓ Yes ( No 6b.What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* Coordination with NMFS during NRTR research,Essential Fish Mapper checked in 2021. 7. Historic or Prehistoric Cultural Resources(Corps Requirement) 7a.Will this project occur in or near an area that the state,federal or tribal governments have designated as having historic or cultural preservation status?* ✓ Yes f No 7b.What data sources did you use to determine whether your site would impact historic or archeological resources?* Programmatic CE documentation 7c.Historic or Prehistoric Information Upload 8. Flood Zone Designation(Corps Requirement) 8a.Will this project occur in a FEMA-designated 100-year floodplain?* F Yes r No 8b.If yes,explain how project meets FEMA requirements: Hydraulics Unit coordination with FEMA 8c.What source(s)did you use to make the floodplain determination?* FEMA mapping Miscellaneous Comments The project crosses The Green Swamp,a designated nature preserve,and most of the surrounding parcels are owned by The Nature Conservancy.Right-of-Way(ROW)acquisition is ongoing and a public hearing is required due to the The Nature Conservancy property.The Department understands that impacts to Waters of the US,even if permitted,cannot occur until ROW is adequately resolved. Miscellaneous attachments not previously requested. Signature ®By checking the box and signing below,I certify that: • The project proponent hereby certifies that all information contained herein is true,accurate,and complete to the best of my knowledge and belief;and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true,accurate,and complete information on this form; • I agree that submission of this PCN form is a"transaction"subject to Chapter 66,Article 40 of the NC General Statutes(the"Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66,Article 40 of the NC General Statutes(the"Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature;AND • I intend to electronically sign and submit the PCN form. Full Name: Mack Christopher Rivenbark Ill Signature CV ,III Date 6/3/2021